§ 68-11-1608 — Placement of applications on consent or emergency calendar - Emergency certificate of need

(a) The executive director may place applications to be considered on a consent or emergency calendar established in accordance with commission rule. (b) The rule must provide that, in order to qualify for the consent calendar, an application must not be opposed by a person with legal standing to oppose and the application must appear to be necessary to provide needed health care in the area to be served, provide health care that meets appropriate quality standards, and demonstrate that the effects attributed to competition or duplication would be positive for consumers. If opposition is stated in writing prior to the application being formally considered by the commission, then the application must be taken off the consent calendar and placed on the next regular agenda, unless waived by the parties. (c) (1) If an unforeseen event necessitates action of a type requiring a certificate of need, and the public health, safety, or welfare would be unavoidably jeopardized by compliance with the standard procedures for the application for and granting of a certificate of need, then the commission may issue an emergency certificate of need. (2) An emergency certificate of need may be issued upon request of the applicant if the executive director and officers of the commission concur, after consultation with the appropriate licensing agency. Prior to an emergency certificate of need being granted, the applicant must publish notice of the application in a newspaper of general circulation, and commission members must be notified by commission staff of the request. (3) A decision regarding whether to issue an emergency certificate of need must be considered at the next regularly scheduled commission meeting unless the applicant's request is necessitated by an event that has rendered its facility, equipment, or service inoperable. In that case, the commission's chair and vice chair may act immediately, on behalf of the commission, to consider the application for an emergency certificate of need. (4) An emergency certificate of need is valid for a period not to exceed one hundred twenty (120) days. However, if the applicant has applied for a certificate of need under standard commission procedures, then an extension of the emergency certificate of need may be granted.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1119, s 130, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 557, s 1, eff. 10/1/2021. Amended by 2016 Tenn. Acts, ch. 1043, s 14, eff. 7/1/2016. Acts 2002, ch. 780, § 4; 2010 , ch. 1100, § 118; 2012 , ch. 575, § 1.